NC0086827_Memo_20050221

j • Michael F.Easley,Governor
William G.Ross,Jr.,Secretary
North Carolina Department of Environment and Natural Resources
r
Arab_ - Alan W.Klimek,P.E.,Director
Division of Water Quality
2 /25 5
February 21, 2005
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Memorandum !ff.
To: Dave Goodrich, Supervisor7�b �joS
Point Source Branch 4,Qi � "�
From: Ken Schuster, Supervisor � /6116
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Surface Water Protection � 2 240,1240,1&a..Raleigh Regional Office iki. t'"r►
Subject: Brenntag Chemical Distributor
Durham County
Recently, staff of the Raleigh Regional Office have received several complaints related to conditions in an
unnamed tributary to Third Fork creek in the general area of Sima Avenue. Our staff,along with that of
Durham Stormwater Services, have documented widely varying instream pH conditions in that particular
stretch of stream below the subject facility.
A review of our agency's files reveals that several years ago Brenntag(formerly Southchem Inc.)was
informed by letter that the stormwater from their site was a contributor of pollutants to the waters of the
B.E.Jordan Watershed and must be covered under an NPDES permit(copy attached). Specifically,
runoff from the site is captured and held in a series of concrete vaults. Air is injected into the contained
stormwater through permanent piping structures. Readings for pH are taken from the last vault structure
and pH is adjusted(typically by adding sulfuric acid per Brenntag representatives comments during an
August 10,2004 site visit by DWQ)before the water is released to the UT to third fork creek.-
It is the opinion of the Raleigh Regional Office that this method of capture,aeration and pH
adjustment constitutes the operation of a"treatment works"within the meaning of North
Carolina General Statute 143-215.1. In accordance with this statute,the operation of the
treatment works must be covered under a valid permit. Continued operation of the treatment
works without a valid permit subjects them to civil penalties as authorized by NCGS 143-
215.6A.
Further, It is the opinion of the RRO that the runoff from this site meets the definition of"other
waste"as defined in NCGS 143-213 (18)c.
Attached for reference are copies of previous letters sent to the facility, lab results from different
sampling events and pictures of the facility. Please review the attached letter and advise if you
have questions. Historically,we have attempted to resolve this issue internally,with no success.
Unless you have any significant concerns we plan to send out the attached letter in mid-March
N�pne
Carona
,Vatrurullb
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone[phone] Customer
Service
Internet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh,NC 27699-1628 FAX [phone] 1-877-623-6748
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